Learned counsel for applicants contended that applicants have been falsely implicated; that as per averments made in F.I.R. lodged on 12.8.2018, applicants and two others committed marpeet with Naseer, Chacha of first informant in pre planned manner and when he entered the house of Mohd. Nazim for rescue, accused persons allegedly chased him inside house and made repeated blows on his head, resulting in grievous injuries, he was sent to District Hospital, from where referred for Kanpur and then to Medical College, Lucknow, where he breathed his last in the night of 12.8.2018; that in F.I.R. no specific weapon or role has been assigned to applicants, rather collective and general role of causing injuries to deceased has been assigned to as many as 05 persons; that injury report and postmortem report of deceased shows that deceased sustained only one head injury and one injury on his shoulder; that real fact is that on the day of incident, first informant and his associates committed marpeet with Hasan and Ali Hasan, of which N.C.R. was lodged on same day i.e. on 9.8.2018, copy at Annexure No.5; that co-accused Rahmat Ulla and Ali Hussain @ Pachchu with identical role, have been granted bail by another Bench of this Court vide orders dated 31.1.2019 and 15.2.2019 passed in Criminal Misc. Bail Application Nos.4443 of 2019 and 6786 of 2019, copies of which have been produced for perusal and taken on record; that applicants have no criminal history; that applicants undertake that they will not misuse liberty of bail; that applicants are in custody since 14.8.2018.
